Wrongful Death of a Child

Wrongful Death Lawyers in Maryland

Recently, you have suffered the truly irreparable loss that is the loss
of a child. There is no greater pain. The tragedy has completely disrupted
your life. You can’t think about or focus on anything. Though you
want justice against the party responsible for your child’s death,
you simply have neither the energy nor the will to pursue a lawsuit. Dealing
with legalities is the last thing you want to do.

The compassionate attorneys at Alpert Schreyer Poe, LLC understand your
reasons for not wanting to file a wrongful death claim. That is why we
are offering to handle your legal matters in your stead so you can get
the compensation you need to push all else aside and focus on mourning
the loss of your child.

To speak with one of our dedicated legal staff, call (301) 812-4777. We
are on standby 24 hours a day, seven days a week, and we are ready to help.

What Is Wrongful Death?

In Maryland, a wrongful death is a death that occurred due to a wrongful
act. The Court of Appeals defined a wrongful act as one that would have
given the right to the deceased person to file an injury lawsuit had they
lived. These can include acts of negligence or intentional acts that cause
fatal injuries.

The following are some common causes of wrongful death to children in Maryland:

Vehicle accidents – Parents take a lot of time and care to research the appropriate
car seat or booster seat to make sure their children are as safe as possible
in the car. Unfortunately, no matter how safe you are, you cannot control
the decisions of other drivers. Aggressive drivers, distracted drivers,
drunk drivers, and other negligent drivers can cause severe crashes that
will change your life in an instant. No matter how good a child seat may
be, some children do not survive car or truck accidents.

Pedestrian accidents – Many children walk to school, walk to friends’ houses, or
simply play outside in front of your house near the street. Even if you
teach your child about pedestrian safety and crosswalks, a car can still
hit them even if they are obeying all the rules. Pedestrians have no protection
from an impact with a vehicle, and children can be particularly vulnerable
to devastating injuries because of their small size.

Bicycle accidents – Riding a bike is still a favorite pastime for many children. Even
with the right helmet, a child can still be at risk of severe injuries
if a car crashes into them while riding a bicycle. Many drivers don’t
take the time to notice whether there are bicycles around them and especially
small bicycles. Children can also suffer fatal injuries in bike crashes
that happen due to defective bicycles or dangerous roadways.

Daycare and school accidents – When you drop your child off at daycare or school, you should
trust that the teachers and employees will take good care of your child.
Some parents receive the devastating call that their child suffered fatal
injuries while in the care of a daycare or school, and such injuries often
occur because an employee acted negligently. Some acts of negligence that
can lead to a child’s death include failing to properly supervise
the child, inadequate security, dangerous premises, and more. As a child
gets older and begins playing sports at school, the risk of fatal sports
injuries, such as traumatic brain injury (TBI) and spinal cord injury,
also increases.

Medical malpractice – While children can be resilient, they often require medical care
to treat injuries and illnesses. From the time of their conception, children
rely on doctors to help them overcome health risks and thrive. Doctors
and other medical professionals can commit medical malpractice in many
ways that may threaten the life of a child. First of all, doctors can
make mistakes during pregnancy, labor, and delivery that can cost a child’s
life. Failing to identify risks or conditions in the mother or child can
lead to an infant’s death. As a child grows older, doctors can make
many errors, including failing to diagnose or treat conditions, surgical
errors, medication errors, and more.

Premises liability accidents – Children are precarious and like to explore their surroundings.
This can be dangerous when a business or property owner fails to properly
keep their premises safe for visitors or customers. Many different premises
liability accidents can be fatal for children, including hotel accident,
amusement park accidents, swimming pool accidents, dog bites, falls from
heights, construction site accidents, playground accidents, and many more.

Products liability accidents – Children come into contact with a wide range of products on a
daily basis. From toys to furniture to home appliances to sports equipment,
the risk always exists that a product will be defective and will cause
tragic injuries. Baby and child products help parents immensely, though
these products can also cause severe injuries if they malfunction. Car
seats, high chairs, cribs, changing tables, swings, and more can result
in the sudden death of a child if they are defective. Manufacturers should
be held fully responsible for any losses their products caused.

Violent acts – Perhaps the most devastating fatal incident is an act of intentional
violence that lead to a child’s death. Homicide is one of the leading
causes of death for children of all ages, and many parents have to face
this tragic situation on a regular basis in Maryland. Whether a death
occurred due to domestic abuse or by a stranger, the parents who were
not involved in the homicide have the right to recover for their loss.
It is important to remember that a civil case for wrongful death is an
entirely separate matter from a criminal case for homicide. In fact, the
standard of proof in a civil case is lower than in criminal court. This
means that even if a prosecutor can’t prove a homicide beyond a
reasonable doubt, you still may be able to prove a wrongful death by a
preponderance of the evidence.

The above are only some accidents and incidents that can lead to a wrongful
death claim. Each case is unique, so please consult with our committed
attorneys to discuss your rights today.

Collecting Damages for the Wrongful Death of a Child in Maryland

In a wrongful death claim, parents can pursue compensation for their own
emotional distress as well as for their child’s pain and suffering
prior to death. As of October 1, 2014, the total amount for non-economic
damages is capped at $1,200,000 on wrongful death claims with two or more
beneficiaries in Maryland. The cap is increased by $22,500 on October
1 each year.

If the wrongful death claim involves an unmarried child between the ages
of 18 and 21, the parents can pursue non-economic damages as long as the
parents supported more than half of child’s income within a year
of their death.

As of October 1, 2014, the total damages the child’s estate can recover
for fear, pain, and suffering prior to death is capped at $800,000 in
Maryland. The cap is increased by $15,000 on October 1 each year.

Since the legal analysis required to calculate non-economic damages is
quite complex, it is absolutely necessary to consult with an attorney
to determine the full extent of damages.

Filing Your Claim in Time

According to Section 9-304(g)(1) of the Maryland Courts and Judicial Proceedings
Article, a wrongful death claim must be filed within three years of the
date of the decedent’s death. If you fail to file your claim in
time, you will completely forfeit your right to pursue compensation, no
exceptions. If you file a wrongful death lawsuit after the statute of
limitations expires, the defendant can file a motion to dismiss the case,
no matter how egregious their behavior was that caused the accident.

While three years may feel like a long time, you should always remember
that it takes time to prepare a persuasive claim. Our attorneys have the
resources to investigate what happened and gather evidence to support
your wrongful death case. We handle every step of the process with as
little stress on you as possible, so please don’t wait to call.

The sooner we can start helping you, the better, so make sure to contact
a trusted lawyer ASAP to get started on your claim right away.

Our Maryland Wrongful Death Lawyers are Ready to Help You in Your Time of Need

The attorneys at Alpert Schreyer Poe will handle your wrongful death claim
with the utmost sensitivity and care it warrants. We will keep close communication
with you every step of the way, but also remember to respect your space
and privacy as desired. If you have any questions or concerns, please
feel free to address them to us.

You can call (301) 812-4777 or submit an online contact form, and we will get back to you in prompt fashion.

Alpert Schreyer Poe Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. This web site is not intended to solicit clients for matters outside of the state of Maryland. We serve all of Maryland including Prince George’s County, Bowie, Chillum, Clinton, Fort Washington, Greenbelt, Upper Marlboro, Frederick County, Frederick, Charles County, Waldorf, White Plains, St. Mary’s County, Lexington Park, Calvert County, Anne Arundel County, Annapolis, Glen Burnie, Laurel, Odenton, Pasadena, Severn, Montgomery County, Bethesda, Gaithersburg, Germantown, Rockville, Silver Spring.